George Weston Foods Pty Ltd T/A George Weston Foods Speedibake

[2020] FWCA 3252

[2020] FWCA 3252

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Pty Ltd T/A George Weston Foods Speedibake
(AG2020/1564)

ERMINGTON ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT DEAN	SYDNEY, 19 JUNE 2020

Application for approval of the Ermington Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Ermington Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by George Weston Foods Pty Ltd T/A George Weston Foods Speedibake. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The consultation term contained in clause 10 of the Agreement does not comply with the requirements of s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement.

[4] I note that clause 12.1(d)(v) (Abandonment of Employment) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The United Workers Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2020. The nominal expiry date of the Agreement is 29 April 2021.

DEPUTY PRESIDENT

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